Job Descriptions – A  Must for Today’s Employer

By: Joel J. Greenwald, Esq.

Carefully drafted job descriptions are essential for legal compliance in today’s business environment.  Initially, a well-crafted job description is an important tool for a company as it formulates its vision for a particular position. Job descriptions can help you determine what you really want for the future of your business.  In addition, they assist you in avoiding employee misunderstandings down the road, as a job description memorializes, in writing, the type of work expected from the employee. 

Most importantly, when a company has developed precise and accurate job descriptions for its work force, employers can make non-discriminatory and objective decisions regarding the operation of their business.

For example, under two federal laws, the Fair Labor Standards Act (FLSA) and the Americans with Disabilities Act (ADA), job descriptions help an employer avoid liability. The FLSA governs, most notably, overtime obligations of employers. The ADA regulates issues concerning the employment of individuals with disabilities.  Under each law, there are distinct benefits for employers who utilize carefully drafted job descriptions.

FLSA

A common concern among business owners is potential overtime liability.  The FLSA, which was recently amended, addresses whether a worker is the entitled to overtime pay.  This law specifically determines whether an employee is considered “exempt” under these new rules. Employees who are not entitled to overtime - including most professional and executive, as well as certain administrative workers - are referred to as exempt employees.

A critical method in determination of exempt status revolves around precise and accurate job descriptions.  Job descriptions are often used as supporting documentation to demonstrate an employee’s exempt status.  For example, some exemptions are available only for employees who “exercise discretion and independent judgment with respect to matters of significance.”  Support for the position that an employee meets this standard can be clarified in the job description.  Conversely, improper characterization of job responsibilities could result in substantial overtime liability.

The first step in a court or agency analysis of an employer’s overtime compliance will likely be to look at its job descriptions to determine if employees are actually exempt from receiving overtime pay.  Thus, setting forth, in detail, how an employee qualifies for an overtime exemption is a vital tool in defending overtime claims.

ADA

Job descriptions can also serve to minimize employee lawsuits under the ADA. One of the questions common to every ADA claim is whether the suing employee was qualified to perform the “essential functions” of the position. It is difficult for an employer to justify its decision that an employee is not qualified without documentation, i.e., a job description, indicating what is considered the essential functions of a particular job. 

For example, in a recent case, an applicant was given a conditional offer of employment, dependent upon the results of a physical exam. The applicant was provided a job description which described the lifting of heavy objects as an essential function of the job.  The employer withdrew the conditional offer of employment when the applicant was unable to lift 45 pounds during the exam.  The applicant sued the employer under the ADA, but the court ruled in favor of the employer since the lifting requirement was clearly outlined in the job description provided to the applicant.

Conclusion

While job descriptions are not mandated by federal or state law, it is nevertheless critical for a company to develop accurate and precise job descriptions.  Aside from the practical benefits of concretizing the vision of a company with respect to each position, job descriptions assist employers in determining the essential tasks of each position - a necessary step for compliance with the FLSA and ADA.  Drafting job descriptions are also a wise investment as a proactive strategy in litigation avoidance.  As described above, a properly drafted job description can serve as proof that an employee was informed of the essential functions of the job, negating any claim of discrimination.

Responsible businesses should have accurate and precise job descriptions.  They are crucial tools for compliance with key employment laws.

This article was originally published in Exhibit Builder in November of 2004.

The materials contained within this article are for informational purposes only and are not legal advice nor are they to be used as a substitute for legal advice.  These materials have been prepared by Greenwald Doherty LLP and should not be reproduced without permission.  © 2006 Greenwald Doherty LLP all rights reserved.